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LANDLORD and TENANT ACT of 1951 Act of Apr THE LANDLORD AND TENANT ACT OF 1951 Act of Apr. 6, 1951, P.L. 69, No. 20 Cl. 68 AN ACT Relating to the rights, obligations and liabilities of landlord and tenant and of parties dealing with them and amending, revising, changing and consolidating the law relating thereto. TABLE OF CONTENTS ARTICLE I. PRELIMINARY PROVISIONS. Section 101. Short Title. Section 102. Definitions. Section 103. Provisions Excluded from Act. Section 104. Rights of Persons Acquiring Title by Descent or Purchase. Section 105. Sublessees. ARTICLE II. CREATION OF LEASES; STATUTE OF FRAUDS; MORTGAGING OF LEASEHOLDS. Section 201. Leases for Not More Than Three Years. Section 202. Leases for More Than Three Years. Section 203. Assignment, Grant and Surrender of Leases to be in Writing; Exception. Section 204. Mortgaging of Leaseholds. Section 205. Participation in Tenants' Association. Section 206. Statement of Escrowed Funds. ARTICLE III. RECOVERY OF RENT BY ASSUMPSIT AND DISTRESS. Section 301. Recovery of Rent by Assumpsit. Section 302. Power to Distrain for Rent; Notice. Section 303. Collection of Rent in Special Cases. Section 304. Collection of Rent by Purchasers at Sheriffs' and Judicial Sales. Section 305. Distress of Property Fraudulently Removed. Section 306. Replevin by Tenant or Owner. Section 307. Proceeding by Tenant to Determine Set-Off. Section 308. Appraisement of Property Levied Upon. Section 309. Sale and Notice Thereof; Distribution of Proceeds. Section 310. Rights of Purchasers of Growing Agricultural Crops. Section 311. Damages for Removal of Property Distrained On. Section 312. Remedy in Cases of Improper Distress. Section 313. Remedy Where Distress and Sale Made and No Rent Due. ARTICLE IV. EXEMPTIONS FROM DISTRESS AND SALE. Section 401. Tenant's Exemption; Appraisement. Section 402. Wearing Apparel, Bibles; School Books, Sewing Machines and Military Accoutrements to be Exempt. Section 403. Exemption of Property on Premises Under Lease or Sale Contract Subject to a Security Interest. Section 404. Exemption of Other Property Located on Premises. ARTICLE V. RECOVERY OF POSSESSION. Section 501. Notice to Quit. Section 502. Summons and Service. Section 503. Hearing; Judgment; Writ of Possession; Payment of Rent by Tenant. Section 504. Return of Constable or Sheriff. Section 505. Abandoned Mobile Homes (Repealed). Section 505.1. Disposition of Abandoned Personal Property. Section 506. Appeal; Certiorari (Repealed). Section 507. Proceeding Where Title to Real Property Is in Dispute (Repealed). Section 508. Proceedings Where Tenant Claims Title as Joint Tenant or Tenant in Common (Repealed). Section 509. Return Where Tenant Retains Forcible Possession; Notice to Tenant that Alias Writ Will be Issued Requiring Use of Force, and Service Thereof (Repealed). Section 510. Alias Writ of Possession; Forcible Ejection of Tenant or Occupant (Repealed). Section 511. Remedy to Recover Possession by Ejectment Preserved. Section 511.1. Escrow Funds Limited. Section 511.2. Interest on Escrow Funds Held More Than Two Years. Section 511.3. Bond in Lieu of Escrowing. Section 512. Recovery of Improperly Held Escrow Funds. Section 513. Appeal by Tenant to Common Pleas Court. Section 514. Death of Tenant. ARTICLE V-A. TENEMENT BUILDINGS AND MULTIPLE DWELLING PREMISES. Section 501-A. Definitions. Section 502-A. Landlord's Duties. Section 503-A. Tenant's Duties. Section 504-A. Tenant's Rights. Section 505-A. Use of Illegal Drugs. ARTICLE V-B. TENANTS' RIGHTS TO CABLE TELEVISION. Section 501-B. Definitions. Section 502-B. Tenants Protected. Section 503-B. Tenants' Rights. Section 504-B. Right to Render Services; Notice. Section 505-B. Compensation for Physical Damage. Section 506-B. Compensation for Loss of Value. Section 507-B. Venue. Section 508-B. Alternative Service. Section 509-B. Compliance with Requirements for Historical Buildings. Section 510-B. Existing CATV Services Protected. ARTICLE VI. REPEALS. Section 601. Specific Repeals. Section 602. General Repeal. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: ARTICLE I. PRELIMINARY PROVISIONS. Section 101. Short Title.--This act shall be known and may be cited as "The Landlord and Tenant Act of 1951." Section 102. Definitions.--As used in this act-- "Abandoned mobile home" (Def. repealed Oct. 24, 2012, P.L.1267, No.156) "Justice of the peace" means district justices, aldermen, magistrates or any other court having jurisdiction over landlord and tenant matters, excluding a court of common pleas. "Mobile home park" means any site, lot, field or tract of land, privately or publicly owned or operated, upon which three or more mobile homes occupied for dwelling or sleeping purposes are or are intended to be located, regardless of whether or not a charge is made for such accommodation. "Mobile home resident" or "resident" means an owner of a mobile home who leases or rents space in a mobile home park. The term does not include a person who rents or leases a mobile home. "Mobile home space" means a plot of ground within a mobile home park designed for the accommodation of one mobile home. "Person" means natural persons, copartnerships, associations, private and public corporations, authorities, fiduciaries, the United States and any other country and their respective governmental agencies, this Commonwealth and any other state and their respective political subdivisions and agencies. "Personal property" means goods and chattels, including fixtures and buildings erected by the tenant and which he has the right to remove, agricultural crops, whether harvested or growing, and livestock and poultry. "Real property" means messuages, lands, tenements, real estate, buildings, parts thereof or any estate or interest therein and shall include any personalty on real property which is demised with the real property. "Tenants' organization or association" means a group of tenants organized for any purpose directly related to their rights or duties as tenants. (102 amended July 2, 1996, P.L.474, No.74) Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge. Section 103. Provisions Excluded from Act.--Nothing contained in this act shall be construed to include or in any manner repeal or modify any existing law-- (1) Providing for preference of rent in case personal property liable to distress is taken and sold by virtue of any execution and providing for the payment of such rent from the from the proceeds of such execution; (2) Denying to a plaintiff the right to stay an execution without the consent of the landlord having a preference for rent due payable from the proceeds of such execution; (3) Providing that a sale on distress shall be stayed where the personal property distrained upon is levied upon by a sheriff or where a receiver or a trustee or receiver in bankruptcy is appointed for the person whose property was distrained, and providing for a lien for the rent or the proceeds of the sale of such personal property by such officer and the payment of such rent, together with the costs of executing the landlord's warrant, from the proceeds of such sale; (4) Providing for preference of rent in cases of insolvency and assignment for the benefit of creditors and in bankruptcy proceedings; (5) Providing for preference of rent in the settlement of estates of decedents; (6) Fixing the liability of the tenant to pay taxes assessed against real property occupied by him and permitting the tenant to recover the amount of the tax so paid from the landlord or to defalcate such amount against rent due or becoming due; (7) Providing for the issuing of writs of estrepement to stay waste committed by a tenant or by others allowed by a tenant to commit waste and for the procedure in such cases; (8) Fixing the duties and liabilities of tenants and the rights of landlords in connection with actions of ejectment brought by third parties; (9) Prescribing special proceedings for the obtaining of possession of real property purchased at tax or judicial sales and providing for and defining the rights, remedies, duties and liabilities of such purchasers and tenants affected thereby; (10) Except as herein specially provided, fixing fees of justices of the peace, aldermen, magistrates, sheriffs or constables in any proceedings affecting the relationship of landlord and tenant. Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge. Section 104. Rights of Persons Acquiring Title by Descent or Purchase.--Any person who acquires title to real property by descent or purchase shall be liable to the same duties and shall have the same rights, powers and remedies in relation to the property as the person from whom title was acquired. Section 105. Sublessees.--Any person who is a sublessee shall be subject to the provisions of the lease between the lessor and the lessee. ARTICLE II. CREATION OF LEASES; STATUTE OF FRAUDS; MORTGAGING OF LEASEHOLDS. Section 201. Leases for Not More Than Three Years.--Real property, including any personal property thereon, may be leased for a term of not more than three years by a landlord or his agent to a tenant or his agent, by oral or written contract or agreement. Section 202. Leases for More Than Three Years.--Real property, including any personal property thereon, may be leased for a term of more than three years by a landlord to a tenant or by their respective agents lawfully authorized in writing. Any such lease must be in writing and signed by the parties making or creating the same, otherwise it shall have the force and effect of a lease at will only and shall not be given any greater force or effect either in law or equity, notwithstanding any consideration therefor, unless the tenancy has continued for more than one year and the landlord and tenant have recognized its rightful existence by claiming and admitting liability for the rent, in which case the tenancy shall become one from year to year.
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